The right to nationality is a fundamental human right, as stipulated in Article 15 of the Universal Declaration of Human Rights. Persons without personal documentation face problems proving their nationality and are at risk of becoming stateless. These individuals are often denied basic rights, access to employment, housing, education and health care. Undocumented persons are not allowed to register the birth of their children and simply do not exist in their respective societies. All individuals, regardless of their background, have a right to personal documentation. With a mandate to prevent statelessness, UNHCR urges all governments to comply with the basic right of providing documentation to its citizens.
A recent Survey on Statelessness in Serbia carried out in 2010 by UNHCR established that 6.8% of the Roma population in Serbia are at risk of statelessness due to lack of birth registration and/or personal documents. Given the Government’s estimates of the number of Roma in the country, over 30,000 Roma could be at risk of statelessness. The Ombudsman of the Republic of Serbia has brought to the attention of UNHCR the case of Slobodan Jovanović, noting that there are persons who are not of Roma ethnicity that also face serious problems with registering residence and obtaining personal documents. In Serbia, lack of registered residence prevents access to identity documents and other basic rights. As a result, many individuals lack relevant proof to establish their nationality.
On the day when UNHCR marks globally the 50th anniversary of Convention on Reduction of Statelessness, UNHCR Representation in Serbia recommends to the Government of the Republic of Serbia to urgently address this fundamental right by amending legislation and creating institutional capacities to document the civil status of individuals. The legal gaps for addressing the issue of residence of many living in informal settlements or of those who are homeless should be urgently resolved through legislative amendments in line with existing international standards. This would enable these individuals to register their residence, obtain identity documents and to enjoy their constitutional rights and effective citizenship. The scope of the documentation problem is global and the dire effects it has on those concerned, unfortunately, often goes unnoticed. UNHCR offers its expertise to assist the authorities to effectively address this matter.
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